The Class Action as an Antitrust Enforcement Device: The Chicago Study Revisited

In 1976 the author published the results of a study of antitrust class actions in the Northern District of Illinois. At the time the data for that study were collected a substantial portion of the cases included in the study were pending. In the present article the author reassesses the findings of his earlier study on the basis of newly collected data on the cases that were then pending. Among the issues discussed are the comparative burdensomeness of class and nonclass cases, the alleged in terrorem effect of the class action on antitrust defendants, and the results achieved through the use of the class action.     

Introducing the 1993 Terrorism and Political Violence Dataset

The introduction of the Global Terrorism Database (GTD) nearly a decade ago sparked a revolution in terrorism studies. However, one major flaw in the database continues to plague GTD users. Data lost prior to digitalization, along with unsuccessful data recollection efforts, have left GTD without data on events that took place during the year 1993. The missing data prevents researchers from using the entirety of GTD's annual range (1970–2014) to conduct reliable time-series analyses. Additionally, it has likely contributed to the formation of theories and claims on faulty empirical ground. To remedy the problem, we have collected data on 4,206 unique terror-attack incidents, with the aim of documenting the universe of 1993 terrorism events. This article showcases our 1993 dataset and illustrates the importance of terrorism events in 1993 for the development of conflicts in Israel, Afghanistan, Colombia, and India.     

Postnational Relations to the Past: A “European Ethics of Memory”?

In nation-building processes, the construction of a common past and references to a shared founding moment have played a well-documented role in fostering notions of a collective political actor. While notions of unreflective national collective memories no longer hold in an age of a postheroic “politics of regret”, the preferred subject of collective memories nevertheless often remains the nation, both in academic literature and in public debates. In this paper, my aim is to establish the role of collective memory in self-proclaimed “postnational” approaches—specifically in the context of European integration—and to assess in how far these approaches can claim to go beyond notions of memory handed down to us from earlier accounts of nation-building processes. I start by laying out two different approaches to a postnational collective memory as they emerge from the literature. The first approach aims at overcoming national subjectivities by focusing on a specific content: a shared, albeit negative, legacy for all Europeans. The Holocaust plays a particularly prominent role in this discourse. The second approach sees and seeks commonalities not so much on the level of memory content but rather on the level of specific memory practices (a “European ethics of memory”). While it is not aimed at dismantling the nation as a political subject per se, it also creates a European self-understanding that makes the symbolic borders of Europe look more porous: potentially everyone can employ these memory practices. However, as I will show, this approach knows its own attempts to define a postnational “essence”, most notably by tying the ethics of memory to a specifically European cultural repertoire.